Recently, there have been several Youtube accounts that have been hit with copyright claims by Zenimax for posting game-play of Fallout New Vegas. First of all, this makes little sense since publishers and developers own the software of the game but most certainly do not own any and all possible game-play that the software creates as that is unique to each individual player of the game. Most U.S. courts would not have a hard time in making this distinction. However, filing claims on Youtube takes advantage of a poorly designed automated system on Youtube that can result in deleted accounts (some of which are very important to the users) without any human confirmation whatsoever. It is a disturbingly selfish business practice, not to mention an inept one considering that any videos of walk-throughs or general game-play would be promoting the game (assuming the product is one of which the developers are proud and confident that the game itself is good enough to appeal to consumers) and could be seen essentially as free advertisemant.
So my question is, are the people at Zenimax/Bethesda softworks capable of making such maladroit business decisions? Or is someone falsely posing as them making these claims?